Letter to a bank or other holder in Hawaii

A letter that presents the small estate affidavit you have already signed. It says what you enclose and asks the holder to release the property.

Required when you mail the letter.

It goes into the letter only. It is never saved or sent to us.

Papers you are enclosing

Check what you will include. Only checked items go in the letter.

It goes into the letter as you type it. You can add a ready-made sentence:

Other formats

Do not send original documents unless the holder asks; keep copies. Sign the letter and keep a copy.

Official forms (linked, not reproduced here)

This site does not write the affidavit. Use the official form or the holder's own form:

Before you send it

Some banks have their own form or ask for a notary. Call the bank's estates department first and ask what it needs. Keep a copy of everything you send.

Collection of personal property by affidavit (HRS 560:3-1201)

A sworn statement you give, with the death certificate, to a bank, company or person holding the person's money or belongings, so they pay or hand it over to you. It is not filed with a court.

Limit

Up to $100,000 Counted at full value, without subtracting debts.

The gross value of the person's estate in Hawaii cannot be more than $100,000. Cars registered in the person's name can be transferred this way regardless of value.

What counts

The gross value of the person's estate in Hawaii (debts are not subtracted). Motor vehicles registered in the person's name can be transferred with the affidavit regardless of their value.

Waiting period

Hawaii law sets no waiting period for this affidavit. No application or petition to appoint a personal representative can be pending or granted in Hawaii.

Who can use it

The person or persons claiming to be the successors (entitled to the property), or someone on their behalf. The affidavit explains each successor's relationship to the person. The state Department of Human Services can also use an affidavit when it has a claim against the estate, and its affidavit comes first.

Court or where to file

Given to the holder of the property (bank, company, or the county motor vehicle office for cars).

Notary

The affidavit is sworn.

Papers to attach
  • Death certificate
  • Statement that the gross value of the Hawaii estate is not more than $100,000
  • Statement that no probate case is pending or has been granted in Hawaii
  • Each successor's right to the property and relationship to the person
Steps
  1. Add up the gross value of the person's Hawaii property.
  2. Fill in an affidavit with the required statements and sign it under oath.
  3. Give it with a death certificate to each holder of the property.
  4. For a car, use the county motor vehicle office's affidavit form.
Fee

There is no court filing fee because the affidavit is not filed with a court.

Debts and responsibility

Anyone who receives property by affidavit must answer and account for it to any personal representative of the estate or to anyone with a better right to it.

What the bank or holder must do

The holder must pay or deliver the property, and anyone with authority to issue a title or certificate must change the registered owner to the successors. The holder is released from liability as if it had dealt with a personal representative and does not have to check whether the affidavit is true. If the holder refuses, the successors can recover the property in a court proceeding.

Law: HRS 560:3-1201, 560:3-1202

Source: Official page

Bank accounts after a death in Hawaii

Money in a joint account with a surviving owner, or with a payable-on-death beneficiary, goes to that person and is not part of the estate. For an account in the person's name alone, a successor can give the bank a small estate affidavit with a death certificate if the gross Hawaii estate is $100,000 or less. The bank is released from liability when it pays on a proper affidavit.

Law: HRS 560:3-1201, 560:3-1202

Source: Official page

Death certificates in Hawaii

Pay by cashier's check, certified check or money order (no personal checks). The CDC Where to Write page lists $10 for the first copy and $4 for each extra copy ordered at the same time; the recorded fee line is (808) 586-4533.

Where to get it
Hawaii State Department of Health, Vital Records Section
Official page
Official page

Surviving spouse in Hawaii

A surviving spouse or reciprocal beneficiary is entitled to the homestead allowance, exempt property and family allowance in a probate case. When the whole estate, after liens, is no more than these allowances plus administration costs, funeral costs and last-illness medical costs, a personal representative can distribute it at once and close the estate with a sworn statement.

Law: HRS 560:3-1203, 560:3-1204

Who inherits with no will in Hawaii

The surviving spouse or reciprocal beneficiary gets everything if the person left no descendants or parents, or if all descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse gets a set first amount ($400,000, $330,000 or $220,000 depending on the family) plus three-fourths or one-half of the rest. What the spouse does not take goes to the descendants, or if none, to the parents, then to more distant relatives.

Law: HRS 560:2-102, 560:2-103

Source: Official page

Good to know in Hawaii

  • Hawaii's small estate affidavit lets heirs transfer cars in the person's name regardless of value.
  • The state Department of Human Services can use the same affidavit to collect for its claims, and its affidavit has priority over other affidavits.
  • For estates of $100,000 or less with no personal representative, the court can appoint the clerk of the court to administer the estate.

Related pages

Free help in Hawaii

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.